J.A Le Roux Attorneys and Another v Madaza and Others (2228/2013) [2017] ZAECMHC 3 (16 February 2017)

J.A Le Roux Attorneys and Another v Madaza and Others (2228/2013) [2017] ZAECMHC 3 (16 February 2017)

The court found that the taxation of the bill of costs in case number 397A/2013 was fundamentally irregular and unfair. The applicants' legal representative was excluded from the process despite timely notice, and the Taxing Master proceeded in his absence. The bill of costs contained gross misrepresentations, including impossible time allocations and charges for activities that could not have occurred, such as consultations and calls between the same person acting in different capacities. The first respondent, as sole director and representative of the second respondent, failed to justify these anomalies and displayed a lack of appreciation for the seriousness of her conduct. The Taxing...

Citation
[2017] ZAECMHC 3
Parties
Applicant: J.A Le Roux Attorneys; Applicant: Fresh Choice Supermarket CC; Respondent: Nkoli Madaza; Respondent: Nkoli Madaza & Associates; Respondent: The Taxation Master, Mthatha; Respondent: The Sheriff of the High Court, Mthatha
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
16 February 2017
Case Number
2228/2013
Procedural Posture
Stay Application / Reasons for Order Following Urgent Application for Stay and Rescission of Taxation
Outcome
Application succeeded. Taxation and allocator in case number 397A/2013 set aside. Interim order in case number 1192/2013 extended. Costs awarded against first and second respondents. Judgment referred to regulatory authorities.
Judges
GNZ Mjali
Legal Topics
Taxation of Costs, Review of Taxation, Professional Conduct, Stay of Execution
Civil Procedure Taxation of Costs Review of Taxation Professional Conduct Stay of Execution

Case Brief

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Parties

J.A Le Roux Attorneys

Applicant

Fresh Choice Supermarket CC

Applicant

Nkoli Madaza

Respondent

Nkoli Madaza & Associates

Respondent

The Taxation Master, Mthatha

Respondent

The Sheriff of the High Court, Mthatha

Respondent

Procedural Posture

Stay Application / Reasons for Order Following Urgent Application for Stay and Rescission of Taxation

Legal Issues

  1. 1 Whether the taxation of the bill of costs in case number 397A/2013 was conducted lawfully and fairly.
  2. 2 Whether the writs of execution against the applicants should be stayed pending review or rescission of the taxation.
  3. 3 Whether the conduct of the first respondent breached professional standards and warranted referral to regulatory authorities.

Ratio Decidendi

The court found that the taxation of the bill of costs in case number 397A/2013 was fundamentally irregular and unfair. The applicants' legal representative was excluded from the process despite timely notice, and the Taxing Master proceeded in his absence. The bill of costs contained gross misrepresentations, including impossible time allocations and charges for activities that could not have occurred, such as consultations and calls between the same person acting in different capacities. The first respondent, as sole director and representative of the second respondent, failed to justify these anomalies and displayed a lack of appreciation for the seriousness of her conduct. The Taxing...

Court Disposition

Application succeeded. Taxation and allocator in case number 397A/2013 set aside. Interim order in case number 1192/2013 extended. Costs awarded against first and second respondents. Judgment referred to regulatory authorities.

Orders

  • The taxation that took place in respect of case number 397A/2013 on 3 September 2013 and the subsequent allocator are set aside.
  • The interim order granted in respect of case number 1192/2013 is extended until review of taxation proceedings in that matter are finalised.